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Kies6g Variances 2001 City of Lake Elmo Washington County, Minnesota Resolution No. PZ 2001 -30A A RESOLUTION GRANTING SHORELAND STANDARDS VARIANCE and NON - CONFORMING USES VARIANCE Joe and Lori Kiesling - 9359 Jane Road North WHEREAS, the Lake Elmo Planning Commission, at its May 14, 2001 meeting, reviewed and heard testimony regarding the application of Joe and Lori Kiesling, to vary from the standards of Section 325.06 - Shoreland Standards Subd. 4.A Placement, Design_; and Height of Structures, and, Section 300.05 Subd.2 C. Non - Conforming Uses, Buildings and Strictures of the Lake Elmo City Code with respect to the property located at: 9359 Jane Road North WHEREAS, said variances are described as follows: 1. A variance to enlarge the existing structure 22 feet from the Ordinary High Water level, where 100 feet is required; and, 2. A variance to alter a non - conforming structure. NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo Planning Commission does hereby make the following findings concerning said variances: 1. The physical circumstances of this site are unusual, in a citywide context, due to platting prior to adjustment of the Ordinary High Water of Lake Jane and the adoption of Shoreland standards by the City. Few parcels in the City exhibit similar constraints of lot depth that from these two factors. 2. Reasonable improvements, remodeling and additions to a home are a right normally enjoyed by other property owners in the area. Many examples of such improvements in the neighborhood were cited. A literal interpretation of the setback standard would preclude the applicant from enjoying these rights. 3. The conditions leading to this variance resulted from actions of the City prior plat approval; the Watershed District by establishing Lake Jane Ordinary High Water well after platting the parcel; and, the State Legislature by mandating Shoreland Zoning well after platting approval. The applicant was not party to those actions. 4. No special privilege will be granted to the applicant not enjoyed by the majority of property owners in this zoning district.